Europe and Counterterrorism: Strengthening Police and Judicial Cooperation (CRS Report for Congress)
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| Release Date |
Revised Oct. 15, 2004 |
| Report Number |
RL31509 |
| Report Type |
Report |
| Authors |
Kristin Archick, Consultant, Foreign Affairs, Defense, and Trade Division |
| Source Agency |
Congressional Research Service |
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Summary:
The September 11, 2001 terrorist attacks on the United States gave new momentum to European
Union (EU) initiatives to combat terrorism and other cross-border crimes such as drug trafficking,
human trafficking, and financial fraud. For many years, EU efforts to address such challenges were
hampered by national sovereignty concerns, insufficient resources, and a lack of trust among law
enforcement agencies. However, the terrorist attacks and the subsequent revelation of Al Qaeda cells
in Europe changed this status quo as it became increasingly evident that the EU's open borders and
different legal systems allowed terrorists and other criminals to move around easily and evade arrest
and prosecution. Thus, EU officials renewed their efforts to harmonize national laws and bring
down traditional barriers among member states' police, intelligence, and judicial authorities. As part
of this initiative, the EU has also sought to enhance ongoing cooperation with U.S. law enforcement
and judicial authorities so that information can be meaningfully shared and suspects apprehended
expeditiously.
The March 11, 2004, terrorist bombings in Madrid, Spain, injected a greater sense of urgency
into EU efforts to boost police and judicial cooperation within the EU and improve EU external
border controls. Despite the EU's progress, however, the Union faces a number of political, legal,
and cultural hurdles as it seeks to introduce more effective law enforcement tools. For example,
some member states were slow to implement the EU-wide arrest warrant -- which eliminates
extradition proceedings among member states for 32 offenses, including terrorism -- and other EU
legislative instruments to counter terrorism. National police and intelligence services remain
reluctant to share information. Contentious issues such as the use of the death penalty in the United
States and different data protection regimes have also posed challenges at times to more robust
U.S.-EU cooperation.
The 9/11 Commission recommended that the United States "should engage other nations in
developing a comprehensive coalition strategy against Islamist terrorism;" the House and Senate
have passed intelligence reform legislation ( H.R. 10 and S. 2845 ) with
elements that seek to enhance international cooperation against terrorism. The Bush Administration,
backed by Members of Congress, supports EU efforts to strengthen its counterterrorism capabilities,
and welcomes initiatives aimed at complementing and improving existing bilateral cooperation
between U.S. and EU member states' intelligence and law enforcement agencies. The United States
has concluded two information-sharing agreements with Europol, signed two treaties with the EU
on extradition and mutual legal assistance, and has been working to improve cooperation with EU
border control officials. Some critics question, however, whether U.S.-EU-wide cooperation will
add much value to existing bilateral law enforcement relationships.
This report will be updated as events warrant. Also see CRS Report RL31612(pdf) , European
Counterterrorist Efforts: Political Will and Diverse Responses in the First Year After September
11 ,
coordinated by Paul Gallis.
